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insurance law

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#1 sisterkp


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Posted 10 January 2012 - 07:44 AM

My husband hit a deer last week. We have full coverage on the car and have already started the claim process. The estimate for the repair is $5100. We only owe $6400. The insurance company says that they pay directly to the repair shop. My question is, Do I have a choice as to whether or not I want to have the car repaired or if I would rather have the insurance company send the check to the lien holder to pay off the car if I can come up with the rest of what we owe? We live in Illinois. Please help.

#2 Fallen


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Posted 10 January 2012 - 10:13 AM

I trust you haven't given the repair place the go-head to start repairs.

We can't know what your policy says from here in terms of obligating you to repair or the insurer coughing up on the condition that you repair, but have you asked the insurer to send the check to you for the damage and, if so, what did they say?  If a claims rep said "no", ask them to point to the provision in your contract that says you cannot just get the money and decide not to repair the car.  If they refuse to explain it to you, then *write* to the head of the claims department and ask for an explanation because you can't find anything in your policy that requires X path (send certified mail and show on the letter that a copy went regular mail, fax, however).

If your policy doesn't keep you from doing this, then I'd feel free to file a complaint with the state insurance commission folks.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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